"There has been speculation that the original Induce Act could make Apple Computer liable for selling like the iPod. Could it?
No.

Why not?
The original Induce Act focused on the totality of the circumstances. There's no way that a company that produces great digital rights management for a licensed product is ever going to be shown to want to profit from piracy.

The Electronic Frontier Foundation drafted a faux complaint that said the iPod could be at risk.
They forgot the word "intent." It's a key element. State of mind is the key element of the Induce Act. Overt acts that show state of mind for purposes of proof are key elements of the Induce Act. That said, we understand that in this atmosphere, corporations would like assurances that they're able to continue the legitimate activities that they're in the business of conducting."